North Dakota Answer to a Complaint

Q: How long do I have to answer a complaint in North Dakota?

In a general civil case, N.D. R. Civ. P. 12(a)(1)(A) requires you to serve your answer within 21 calendar days after you are served with the summons and complaint, and in North Dakota that clock often starts before the case is filed with the court. The 21 days are counted under N.D. R. Civ. P. 6(a), which counts every day and rolls only the last day forward if it lands on a weekend or holiday. Other tracks differ. In small claims you must return the served form within 20 days under N.D.C.C. 27-08.1-02, and in an eviction the summons sets an appearance date 3 to 15 days out rather than a written answer deadline. Missing your deadline can lead to a default judgment.

Q: What form do I use to answer a complaint in North Dakota?

North Dakota does not require a single statewide answer form. The North Dakota Courts publish an Answer to a Civil Action fillable PDF you can adapt, or you can type your answer on paper using a caption that complies with N.D. R. Civ. P. 10(a). The answer should admit or deny the complaint's allegations, state any affirmative defenses you rely on, and include a counterclaim if you have a related claim against the plaintiff.

Q: Where do I file my answer in North Dakota?

You file your answer with the clerk of the District Court in the county named in the summons, North Dakota's unified trial court for civil cases above $15,000. Self-represented litigants are exempt from mandatory e-filing under N.D. R. Ct. 3.5(a)(4) and may file in person, by mail, or through a commercial carrier. You also serve a copy on the plaintiff or the plaintiff's attorney under N.D. R. Civ. P. 5 and then file proof of service.

Q: How much does it cost to file an answer in North Dakota?

The fee to file your answer in North Dakota is $100. If you cannot afford it, you can ask the court to waive the fee by filing a Petition for Waiver of Filing Fees (Form 1) together with a Financial Affidavit in Support (Form 2). Eligibility is based on your inability to afford the required filing fees given your income or expenses.

Q: What happens if I miss the deadline to answer in North Dakota?

Under N.D. R. Civ. P. 55(a), if you fail to plead or otherwise appear, the court may direct the clerk to enter a default judgment against you. You may be able to set it aside by filing a Motion for Relief from a Judgment or Order under N.D. R. Civ. P. 60(b), filed within a reasonable time and not more than one year after notice of entry, by showing mistake, inadvertence, surprise, or excusable neglect. The reliable path is to serve and file on time.

Q: Can I file a counterclaim with my answer in North Dakota?

Yes, and you may be required to. Under N.D. R. Civ. P. 13(a), any claim you have against the plaintiff that arises out of the same transaction or occurrence as the plaintiff's claim must be stated as a counterclaim at the time you serve your answer, or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim.

In North Dakota you serve your answer within 21 calendar days under N.D. R. Civ. P. 12(a). DocDraft drafts it, attorney review available.

Introduction

A North Dakota Answer to a Complaint is the written response you serve and file after you are handed a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. North Dakota runs an unusual serve-before-file practice. Under N.D. R. Civ. P. 12(a)(1)(A) you must serve your answer within 21 calendar days after you are served with the summons and complaint, and that clock often starts before the case is ever filed with the court. The 21 days are counted under N.D. R. Civ. P. 6(a), which counts every day, including Saturdays, Sundays, and legal holidays, and rolls only the last day forward if it lands on a weekend or holiday. There is no general fill-in-the-blank form you must use; the North Dakota Courts publish an Answer to a Civil Action fillable PDF you can adapt, or you type the answer on a compliant caption under N.D. R. Civ. P. 10(a) and file it with the clerk of the District Court named in the summons. Miss the deadline and the plaintiff can take a default judgment under N.D. R. Civ. P. 55(a). DocDraft drafts a North Dakota-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

1
Your deadline is 21 calendar days from service, not from filing. Under N.D. R. Civ. P. 12(a)(1)(A) you must serve your answer within 21 days after you are served with the summons and complaint, and in North Dakota that service often happens before the case is filed with the court.
2
Every day counts toward the 21. Under N.D. R. Civ. P. 6(a) you count every calendar day, including Saturdays, Sundays, and legal holidays, and only the last day rolls forward if it falls on a weekend or legal holiday.
3
There is no required statewide answer form. The North Dakota Courts publish an Answer to a Civil Action fillable PDF you can adapt, or you type the answer on paper using a compliant caption under N.D. R. Civ. P. 10(a), then file with the clerk of the District Court named in the summons.
4
Small claims is not a written-answer deadline. In Small Claims Court, which handles claims up to $15,000, you must return the served form within 20 days under N.D.C.C. 27-08.1-02 to request a hearing or elect removal to District Court; a written answer is optional and, if filed, is due no later than 48 hours before the hearing.
5
An eviction case has no separate written answer deadline. In an eviction (unlawful detainer), the summons sets your appearance date, which by statute may be no fewer than 3 nor more than 15 days from the date the summons is issued under N.D.C.C. 47-32-02, and you appear at that hearing rather than file a written answer.
6
There is a fee to file, with a waiver. The fee to file your answer is $100. If you cannot afford it, you can file a Petition for Waiver of Filing Fees (Form 1) with a Financial Affidavit in Support (Form 2) based on your income or expenses.
7
A related claim is compulsory. Under N.D. R. Civ. P. 13(a) any claim you have against the plaintiff that arises out of the same transaction or occurrence must be stated as a counterclaim with your answer, and the statute of limitations on a written contract is six years under N.D.C.C. 28-01-16.

Key decisions before you file

Before you file a Answer to a Complaint in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.

Open the Answer to a Complaint guide

Customize your Answer to a Complaint Template with DocDraft

STATE OF NORTH DAKOTA, IN DISTRICT COURT, COUNTY OF [COUNTY], [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny and on that basis denies] the allegations.
Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the six-year statute of limitations on a written contract under N.D.C.C. 28-01-16; payment; release; fraud; statute of frauds; res judicata; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under N.D. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and must be stated with this answer.]

IV. PRAYER FOR RELIEF Defendant requests that the Court deny the relief sought in the Complaint, dismiss the Plaintiff's claims, award Defendant's costs, and grant any further relief the Court deems just.

Dated: [DATE] [SIGNATURE] [DEFENDANT NAME], Self-Represented [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [mail / personal service] under N.D. R. Civ. P. 5. [SIGNATURE]

North Dakota Requirements for Answer to a Complaint

21-Day Answer Deadline From Service
In a general civil case you must serve your answer within 21 calendar days after you are served with the summons and complaint, under N.D. R. Civ. P. 12(a)(1)(A), and in North Dakota that clock often starts before the case is filed. Under N.D. R. Civ. P. 6(a) you count every day and roll only the last day forward if it falls on a weekend or legal holiday.
No Required Form, Compliant Caption
There is no required statewide answer form. You can adapt the North Dakota Courts' Answer to a Civil Action fillable PDF, or type the answer on paper using a caption that complies with N.D. R. Civ. P. 10(a). The answer must admit or deny the allegations and state the defenses you rely on.
District Court Caption
Caption the answer for the District Court in the county named in the summons, North Dakota's unified trial court for civil cases above $15,000. Include the case number, the parties' names, the judicial district, and the title Defendant's Answer to Complaint, under N.D. R. Civ. P. 10(a).
File With the District Court Clerk
File your answer with the clerk of the District Court in the county named in the summons. Self-represented litigants are exempt from mandatory e-filing under N.D. R. Ct. 3.5(a)(4) and may file in person, by mail, or through a third-party commercial carrier.
Serve a Copy on the Plaintiff
Under N.D. R. Civ. P. 5, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail or personal service, then file proof of service. In North Dakota you commonly serve your answer on the plaintiff before the case is filed with the court.
$100 Filing Fee or Fee Waiver
The fee to file your answer is $100. If you cannot afford it, file a Petition for Waiver of Filing Fees (Form 1) with a Financial Affidavit in Support (Form 2), based on your inability to afford the required filing fees given your income or expenses.
Affirmative Defenses
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, res judicata, estoppel, or waiver. The statute of limitations on a written contract is six years under N.D.C.C. 28-01-16.
Compulsory Counterclaim If Any
Under N.D. R. Civ. P. 13(a), a claim you have against the plaintiff that arises out of the same transaction or occurrence is compulsory and must be stated as a counterclaim when you serve your answer, or you can lose the right to bring it later.

Frequently Asked Questions

How long do I have to answer a complaint in North Dakota?

What form do I use to answer a complaint in North Dakota?

Where do I file my answer in North Dakota?

How much does it cost to file an answer in North Dakota?

What happens if I miss the deadline to answer in North Dakota?

Can I file a counterclaim with my answer in North Dakota?

Introduction

Key Things to Know

Key decisions before you file

Customize your Answer to a Complaint Template with DocDraft

North Dakota Requirements for Answer to a Complaint

21-Day Answer Deadline From Service

No Required Form, Compliant Caption

District Court Caption

File With the District Court Clerk

Serve a Copy on the Plaintiff

$100 Filing Fee or Fee Waiver

Affirmative Defenses

Compulsory Counterclaim If Any

Frequently Asked Questions